The participation of the Church of Latter-Day Saints in a legal brief filed by religious groups in favor of California’s Proposition 8 is vexing an organization that advocates for LGBT Mormons.
In a 38-page friend-of-the-court brief, filed before the Supreme Court Jan. 29, religious groups — including the Mormon Church — emphasize that justices shouldn’t strike down Prop 8 on the basis of religious support for the anti-gay amendment. The brief is signed by Von Keech, a Utah-based private attorney who has previously assisted the Mormon Church, as well as other private attorneys with his firm Alexander Dushku, R. Shawn Gunnarson and Kirton McConkie.
“[O]ur members supported Proposition 8 based on sincere beliefs in the value of traditional marriage for children, families, society, and our republican form of government,” the brief states. “Only a demeaning view of religion and religious believers could dismiss our advocacy of Proposition 8 as ignorance, prejudice, or animus.”
In a statement on Monday, Affirmation, a national group for gay and lesbian Mormons, questioned why the Mormon Church would participate in a legal brief in favor of Prop 8 after backing off its support of anti-gay measures since the passage of the California’s constitutional ban on same-sex marriage in 2008.
“I agree that churches should have the freedom to petition the government and that Proposition 8 should not be invalidated due to religious support of the initiative,” said Affirmation President Randall Thacker, who’s gay. “However, we believe Proposition 8 should be invalidated on the grounds that it denies protections to same-sex couples who have committed to care and provide for each other and their children, a grouping that is clearly defined as a family by the majority of society.”
Spencer Clark, who’s straight and president of Mormons for Marriage Equality, said he agrees the law should provide a foundation for strong families, but said Prop 8 harms children being raised by same-sex parents.
“Unfortunately, Proposition 8 provides no additional benefits to straight couples while denying substantial benefits and legitimacy to gay and lesbian couples who are also raising children,” Clark said. “The brief argues for a conception of marriage that blatantly ignores the hundreds of thousands of children in the United States being raised by same-sex couples, pretending that these loving families don’t exist.”